ARTICLE 1.5. Mortgage Foreclosure Consultants

Article 1.5 added by Stats. 1979, Ch. 1029.

§§ 2945–2945.11 · 13 sections

§ 2945 (a) The Legislature finds and declares that homeowners whose residences are in foreclosure are subject to fraud, deception, harassment, and unfair dealing by…
§ 2945.1 The following definitions apply to this chapter: (a) “Foreclosure consultant” means any person who makes any solicitation, representation, or offer to any…
§ 2945.2 (a) In addition to any other right under law to rescind a contract, an owner has the right to cancel such a contract until midnight of the fifth business day,…
§ 2945.3 (a) Every contract shall be in writing and shall fully disclose the exact nature of the foreclosure consultant’s services and the total amount and terms of…
§ 2945.4 It shall be a violation for a foreclosure consultant to: (a) Claim, demand, charge, collect, or receive any compensation until after the foreclosure consultant…
§ 2945.45 (a) Except as provided in subdivision (b) of Section 2945.1, a person shall not take any action specified in subdivision (a) of Section 2945.1 unless the…
§ 2945.5 Any waiver by an owner of the provisions of this article shall be deemed void and unenforceable as contrary to public policy. Any attempt by a foreclosure…
§ 2945.6 (a) An owner may bring an action against a foreclosure consultant for any violation of this chapter. Judgment shall be entered for actual damages, reasonable…
§ 2945.7 Any person who commits any violation described in Section 2945.4 shall be punished by a fine of not more than ten thousand dollars ($10,000), by imprisonment…
§ 2945.8 If any provision of this article or the application thereof to any person or circumstance is held to be unconstitutional, the remainder of the article and the…
§ 2945.9 (a) A foreclosure consultant is liable for all damages resulting from any statement made or act committed by the foreclosure consultant’s representative in any…
§ 2945.10 (a) Any provision in a contract which attempts or purports to limit the liability of the foreclosure consultant under Section 2945.9 shall be void and shall at…
§ 2945.11 (a) Any representative, as defined in subdivision (b) of Section 2945.9, deemed to be the agent or employee or both the agent and the employee of the…